Bond v. Martineau
164 N.H. 210
| N.H. | 2012Background
- Plaintiffs Bond and Thibault applied for general assistance in January 2010; City approved $140/week for rental assistance on Feb. 24, 2010.
- City suspended rental assistance for seven days on Mar. 18, 2010 for missing documentation including $30 for vehicle gas; suspension lifted on Mar. 25, 2010.
- April 1 and April 8, 2010: plaintiffs received one week of rental assistance; April 8 notice discussed lack of vehicle gas and prior statements.
- April 9, 2010: City revoked the April 8 voucher and denied six months of assistance for misrepresentation/omission of information related to vehicle resources.
- City cited General Assistance Guidelines Sections VIII and XII(C)(2); Plaintiffs sought to enjoin enforcement; class was certified.
- Superior Court granted summary judgment for City; plaintiffs appealed and the Court reversed and remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RSA 165:l-b preempt the Guidelines? | Plaintiffs argue the Guidelines impose a blanket six‑month suspension. | City maintains Guidelines complement RSA 165:l-b. | Yes; Guidelines are impliedly preempted by RSA 165:l-b. |
| Does RSA 165:l-b apply to eligibility determinations as well as suspensions? | RSA 165:l-b applies only to suspensions, not eligibility. | Statute governs both eligibility and suspensions. | RSA 165:l-b applies to both eligibility determinations and suspensions. |
| Are the Guidelines, as applied, unlawful due to six‑month suspension? | Guidelines’ six-month suspension conflicts with statutory timing/duration. | Guidelines are consistent with humanitarian purpose and non-conflicting. | Guidelines, as applied, conflict with RSA 165:l-b and are preempted. |
Key Cases Cited
- Northern Country Environmental Services v. Town of Bethlehem, 150 N.H. 606 (N.H. 2004) (implied preemption and field regulation analysis)
- Blagbrough Family Realty Trust v. Town of Wilton, 153 N.H. 234 (N.H. 2006) (statutory interpretation and preemption principles)
- ATVWatch v. N.H. Dept. of Transportation, 161 N.H. 746 (N.H. 2011) (statutory interpretation and role of plain language)
- Appeal of Union Tel. Co., 160 N.H. 309 (N.H. 2010) (interpretation of legislative text and overall statutory scheme)
- Vogel v. Vogel, 137 N.H. 321 (N.H. 1993) (nonessential considerations in judicial review standards)
- Brown v. Concord Group Ins. Co., 163 N.H. 522 (N.H. 2012) (de novo review of summary judgment rulings)